Search for: "BOOKER STEVENS"
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23 Feb 2009, 9:17 pm
Exploring the parallel (procedural) repudiation of capital punishment by Powell, Blackmun, and Stevens Vincent Chiao (HLS Fellow), Equality, Desert, and Luck in criminal law and procedure Crim Law: Fear and Loathing in Criminal Law Alice Ristroph (Seton Hall), Criminal Law in the Shadow of Violence Mary Fan (American), The Spatialization of Fear and Fourth Amendment Reasonableness Shifting Russell Covey (Georgia State),… [read post]
14 Jan 2009, 6:03 pm
I thought Ginsburg and Stevens were true Blakely believers. [read post]
14 Jan 2009, 10:29 am
But Justice Stevens had never before shown any squishiness or squeamishness about giving full effect to the Sixth Amendment jury trial rights he championed in his Apprendi and Booker opinions for the Court. [read post]
11 Nov 2008, 3:02 pm
Though I think it likely that President-Elect Obama will get to replace at least Justice Stevens in the not-too-distant future, it is almost impossible to imagine a replacement that will be as pro-defendant as Stevens has become on sentencing issues. [read post]
28 Oct 2008, 3:35 pm
In separate opinions in recent years, Justice Stevens has suggested that he might like to overrule the Harris decision allowing judges to find facts triggering mandatory minimum sentence, and Justices Scalia and Thomas have indicated in various ways their concerns about the preservation of Sixth Amendment principles in the application of the Booker remedy. [read post]
15 Oct 2008, 6:43 pm
Justices Stevens and Ginsburg, both essential votes for the extension of Apprendi in Booker, seem to be reluctant to extend it this far.My first read of the Ice transcript led me toward Lyle's assessment, but I have long given up making serious predictions about anything concerning what the Justices are going to be doing in the Apprendi/Blakely line of constitutional rulings. [read post]
20 Sep 2008, 3:02 pm
Still, its worth mentioning some sweet with the sour.One of the first - and best - post-Booker decisions in the Ninth Circuit upheld a dramatic departure by Judge Real. [read post]
26 Aug 2008, 12:01 pm
Stevens, 462 F.3d 1169, 1170 (9th Cir.2006).We do not need to decide which side of that circuit split we would join in order to resolve this case. [read post]
19 Aug 2008, 3:38 pm
Balkcom, 451 U.S. 949, 952 (1981) (Stevens, J., concurring in denial of cert.) [read post]
15 Aug 2008, 6:42 pm
Aug 15, 2008) (available here), Circuit Judge Steven Colloton expresses concerns about sentencing disparity in the post-Booker world and urges Congress to do something about it. [read post]
30 Jul 2008, 8:50 pm
Of course, under the guidelines, age is considered "not ordinarily relevant," but after Booker some judges may take it into account, especially when combined with health issues (which the guidelines also consider "not ordinarily relevant"). [read post]
17 Jul 2008, 1:48 am
Stevens, 462 F.3d 1169, 1170 (9th Cir. 2006). [read post]
13 Jul 2008, 2:05 pm
Of the original group, only John Paul Stevens remains. [read post]
13 Jul 2008, 1:56 pm
Of the original group, only John Paul Stevens remains. [read post]
16 Jun 2008, 3:46 am
Justice Stevens wrote for the majority, joined by the Chief Justice and Justicea Scalia, Thomas, and Alito. [read post]
12 Jun 2008, 3:11 pm
And Justice Alito's silence in this case is an especially notable component of the division among Justice still fighting over the Booker's meaning and impact (including Justice Thomas, who write again to attack the Booker remedy). [read post]
4 Jun 2008, 3:28 am
Here is a great position paper/study by a Forensic Psychologist, named Steven J. [read post]
31 Mar 2008, 6:57 am
s hornbook for post-Booker sentencing practice.... [read post]
12 Feb 2008, 5:40 am
After Blakely and before Booker, lower courts held that characteristics and sequences of prior convictions implicated the Sixth Amendment (for example, Kortgaard, Ngo, Kuau, Henderson). [read post]
11 Dec 2007, 6:59 am
The lack of appellate accountability plus the pro-guidelines language in the opinion could let those appellate courts that have clung to the Guidelines in the wake of the Court’s decision in Booker to continue to do so. [read post]
